NEW DELHI: The Delhi HC on Wednesday dismissed a PIL seeking removal of the graves of executed terrorists Mohammad Afzal Guru and Mohammad Maqbool Bhatt from Tihar Jail, ruling that no law prohibits burials inside prison premises.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela dismissed the plea after petitioners’ counsel sought to withdraw it with liberty to re-file with supporting data. “No law or rule prohibits cremation or burial inside the jail premises,” the bench observed.
The PIL, filed by Vishwa Vedic Sanatan Sangh and Jitendra Singh, argued that the graves encouraged “glorification of terrorism” and turned the jail into a “radical pilgrimage site.”
Counsel Varun Kumar Sinha said extremist elements were paying homage, undermining national security and sanctifying terrorism in violation of constitutional principles.
The court, however, asked for evidence to substantiate the claims. “For approaching the court in a PIL, you have to show violation of constitutional, fundamental, or statutory rights,” it said, adding that a plea cannot rely merely on newspaper reports. The judges also asked why the issue was raised nearly 12 years after the burials.
Rejecting arguments of nuisance or health hazards, the bench noted: “Prima facie, graves do not cause nuisance.” It clarified that prison rules only stress solemnity if a body is taken out.